, 1887-12-17

SS0t CIV n"NO W "AilO Oh It HpiCttAou d uuOCc, OI tue
time at which the meeting will be held aud also q summons
to the persons concerned to be present at the same. The appli-
made known by the person who has requested the inspection,
either through the ordinary citerers or two other respectable
persons, to the other party, in such a way that he gets at least
twice "a hours notice. Any person who is lawfully summoned
to.meet, but remains away without lawful hindrance, must
aScrlOe 1t to himself IT the case is decided without any regard
beng taken 70 the special considerations which he might have
been able to bring forward.
At the meeting, the surveyors, who are to be furnished by
the Policemastrr with a Protocol to be authorised by the &c germ.
ment and lodged at the Police Once, must make it a mattrr Of
consequence to place the case clearly before the parties con -
cerned and TO try to bring about an agreement between thlm,
# an agreement is arrived at, it is to be entered in the
PROTOCOL and signed 10y the persons concerned. If no agree
ment can be arrived at, the case must be taken up for award,
"h1ch must De given AS soon rs possible, latest within the
course Of days. and must be entered, with the grounds ON
which it is based, in the Protocol, and must also be signed by
the surveyors. At the conclusion of each meeting the Protocol
must be signed 10y the surveyors and also by the parties to the
case 50 far rs they have been present. Should anyone refuse
10 sign the surveyors are to note the fact in the Protocol as we'll
as the reason pleaded for the refusal.
Should any of the parties, during the discussion of the case
before tue surveyors, insist that any of the points coming
under consideration i'll the settling of the case, ou!ht, by vr.
tue of a special right or title, to be settled in a INHERENT manner
from what Is prescribed in the Ordinance of 9Th J"ly 1856 and
the present By law, the question raised, unless the parties con-
cerned can agree to leave it &c the decision of the surveyors,
must be brought before the Courts. In that case a suitable
time is allowed to the person concerned, within which he il to
lay his complaint, and the case concerning the fencing is more.
over, postponed in CON sequence until fual Judgment is given,
unless the party concerned omits to lay his complaint and psose-
cute his suit in time, in which case the case concerning the
fencing is to be proceeded with in the usual way, as if the right
upon which be had insisted had been set aside 10y the Courts.
mere must, however, ia such cast be entered in the award an
express reSerVati"n' that he Is tree, should he later win his
euit before the Courts, to demand that the fencing case shall
be taken up afresh at his own cost.
II.
Whether the case is settled by agreement or by award. the
statement of The settlement arrived at Must contain, in each
of the aforementioned cases, calculations concerning The points
brought forward under each respectively:
l. When q new fence is to he erected: concerning the height
of the fence and it's other qualities, also by whom ami withim
what time the prescribed work is to lie done, aud how the
future maintenance of the fence is TO be arranged for. In
so far as the erection of the fence is taken over by one of
Tue lt owners against compensation from the other, the
amount OF the compensation must be fxed and likewise the
time of payment.
2. When an Older fence is to be- altered or To be replaced by q
new fence: concerning the points mentioned under No. L.,
also what arrangements are to be made for the alteration or
removal OF the Older fence, who H to have the work under
this head done, and how far any compensation is to be Civ
en- by the neighbour, and, ESQ, TO what amount and when
to be paid.
3. When a ~dilapidated fence is to be repaired: concerning by
done. N
with regard to a re-survey, when such Is requested, the
rules laid down in s Ga are to be observed.
The first appointed re surveyor is to act as Chairman, and
where a majority cannot be obtained his vote decides the matter.
IA.
After a fencing case has been settled the Protocol is to be-
returned by the surveyors or re-surveyOTs to the Policemaster.
ON payment of the usual fees, the Polcemaster is bound to
furnish anyone who may request it, with extracts from the Pro-.
tocol. The requested extract must be ready latest 3 DAYS afte-,
it has been requested and the fee for it deposited with the
POlicemaster.
the intervention OF a survey, i'll regard 20 the kind
OF fence and its maintenance, the erection of a new fence
or the replacing of all old by a new fence, when such
agreements contain the necessary directions for he case
OF either 0f.the parties concerned, be entered, by the Alirectior
OF the FDIeemaster, i'll the ProtOcolu and shall then lave the
same efficacy as an agreement entered into before the surveyors.
q 10.
~ 8 For the business of a survey each snrvevor or ra ~ !. 2